Trader counter-sues Gaisano Talisay

CEBU, Philippines - In his counter-suit filed before the Talisay City Prosecutor’s Office, Villaber accused for unlawful arrest and arbitrary detention the management and owner of Gaisano Grand Mall, lawyer Inocencio dela Cerna, the security officers and guard of the Mall and Talisay City police officers Insp. Margeneatte Yosores and SPO1 Nestor Canlobo.

Villaber himself was accused of entering the back gate of the property of the mall and claiming the property was his last Saturday around 6 p.m.

In an interview with the reporters, Villaber said that he owned the property, which the corporation purchased by way of Deed of Absolute Sale with assumption of mortgage from a certain Cristeta dela Cruz.

It has 11 contiguous parcels of land.

Villaber said he did not intrude on the property considering that the property belongs to him. He argued that being the corporate president, his possession over the property is legal and valid until such time that a decision which is final and executory will be rendered against them by the proper judicial authority.

“On the latter part of Oct. 2012, I came back with the intention to occupy again my property only to find out that the Gaisano fiesta mall (the mall’s old name) intruded into the premises of the property and made some construction,”

He said he left “temporarily”   the premises “due to some business interest outside Cebu to be taken care of”.

Villaber said that he sent a demand letter to the management and owners of the mall informing them to leave the premises and admitted that he went to the area last Saturday to inform them about the ownership of the property.

He accused Dela Cerna of trying manipulating the police officers who were at the scene.

“Wala man gyud miadto aron mangita og gubot.  Kung naa sila’y ikapakita nga ilaha, wala’y problema kay ang korte ang atong ipahusgar kung kinsa gyud ang tinuod nga tag-iya sa maong luna,” Villaber added.

He was just surprised when he was arrested when there was no commotion or any crime involved.

“It’s illegal and unlawful and our detention was arbitrary,” he said, adding that his arrest was only on the request of Dela Cerna.

“I could not understand why the request of my lawyer to release us on recognizance was denied by them. The actuation of these police officers is unfair as it gives a private party an unwarranted benefit, advantage or preference in the discharge of their official functions through manifest partiality and evident bad faith,” he added.  —/BRP (FREEMAN)